Workers have returned to the office gradually in recent months as the number of coronavirus cases has flatlined.

However, the arrival of the omicron variant has triggered increased restrictions from the Government, as rules about wearing masks in some public places have been re-introduced. 

There has not yet been an official order to work from home, although this remains an option should the situation worsen. 

But employers have the power to decide whether it is necessary for staff to be physically present at work, and some employees have reported feeling pressured into returning to the office. 

Here are your rights when it comes to flexible working.

Is official guidance likely to change?

The Government has re-introduced rules about wearing masks on public transport and in some other settings. However, it has not yet issued a notice to work from home. However, employees in Northern Ireland have been encouraged to work from home where possible. Should the number of cases worsen, these rules could be extended to other parts of the UK.

What is meant by flexible working?

The term “flexible working” has been used so much over the past 18 months that the meaning can sometimes get lost. It is a way of working that suits both an employer and employee’s needs, which can include working from home several days a week or having more flexible start and finish times. 

Can I ask my employer for flexible working?

Yes, all employees have the right by law to request flexible working, which they could use to ask to work from home. The only requirement is that they have worked for the employer for at least 26 weeks.

Employers can turn these requests down only if they have reasonable cause to do so, for example if the type of work involved cannot be done from home. They can refuse applications as long as they have a “good business reason”. 

A move to flexible working would be a permanent change to someone’s working arrangements and may be difficult to reverse. 

Alexandra Mizzi of Howard Kennedy, a legal firm, said employers often used the potential impact on performance as a reason to refuse working from home requests. “However, they will find it much harder to justify refusal when home working has worked out fairly well,” she added. 

What should my employer be doing to protect me at work? 

Those who do have to go into their workplace face confusion over what rules should be followed – such as how close they can be to other people. 

The Government removed all limits on how many people can meet at one time in workplaces and social distancing measures. This means that businesses do not have to keep workers and customers separated from people they do not live with. 

The Government relaxed its two metre rule over the summer but businesses still have a legal duty to manage the risks faced by their employees. Employers that do ask workers to come in have been told to put in place a number of measures to protect them from contracting coronavirus, such as keeping offices well ventilated. The measures can be found on gov.uk under the heading “Working safely during coronavirus”.